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(영문) 서울고등법원 2019.03.22 2018나2062981
부당이득금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to this case, the reasoning of this court is that "10,690,130 won" in Part 5 of the judgment of the court of first instance is "17,690,130 won" in Part 3 of the judgment of the court of first instance, and it is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment under Paragraph 2 below, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Regarding the Plaintiff’s assertion that the deduction of the opening costs is unfair, the Plaintiff’s assertion that the deduction of the opening costs of one hour per day was unfair, and the Plaintiff’s assertion that the Defendant’s submission of the Defendant’s request for the alteration of the purport of the claim on June 25, 2018, constitutes a set-off of the amount equivalent to KRW 39,230,043, which was calculated on the basis of one person male and female from the accident of this case, once every one hour from December 31, 2017, was modified to deduct the sum of the opening costs of KRW 39,230,043 from the amount of unjust enrichment of this case. The first instance court did not have led to a confession of the Plaintiff at least 39,230,043 causes for the establishment of the Defendant’s opening costs and calculated the amount automatically equivalent to the Defendant’s submission of the claim on the establishment of the Defendant’s opening costs of this case. Although the Plaintiff’s assertion that the remainder of the establishment of the Defendant’s claim on the confession of this case cannot be accepted.

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